Emergence of The East India Company

Emergence of The East India Company

• In 1601, a group of English merchants arrived in India.
• On December 31st, 1600, Queen Elizabeth I awarded the London East India Company a 15-year trading charter.
• The original charter focused on trade and did not grant the company any dominion in India.
• On May 31st, 1609, King James I issued a new charter reaffirming the East India Company's trade privileges and granting them the rights previously conferred by Queen Elizabeth.

Treaty Between the English and Mughal Emperor

• In 1618, Thomas Rey, ambassador of King James I, secured the favour of the Mughal Emperor.
• The Mughal Emperor granted the English East India Company a farman (decree) through which the company was granted significant legal privileges, acting as a turning point for legal history in India.
• These privileges included:
  • The right to govern themselves in their factories through their own tribunals.
  • The ability to freely practice Christianity and follow their own laws within the company.
  • The settlement of disputes between English and Indian individuals by local authorities.
  • Protection from oppression and injury by the Mughal governor and Kazi.

The Factory or Settlement at Surat

• Surat was a renowned international port in the 17th century.
• Due to the prevalence of personal and religious law in India, the English merchants desired a separate legal system within their factories.
• The predominantly Muslim character of local criminal law further incentivized the English to seek legal autonomy.
• The East India Company sought and secured the right to govern under their own laws within their factories from the Mughal Emperor.
• Although the company initially established a settlement at Surat, the establishment moved to Bombay in 1687, leading to a reduction in the importance of Surat.

Madras Settlement and Administration of Justice

• On July 22nd, 1639, Francis Day, an English merchant, acquired land from the Hindu Raja of Chandragiri for the East India Company. This area became known as Madraspatnam, later evolving into Madras.
• Francis Day built St. George Factory in 1640, housing English employees. This later became known as the "White House", while the nearby Indian village was referred to as the "Black Town".
• St. George Factory later became known as "Fort St. George".

The East India Company's Judicial Phases (1639 - 1678)

• The Agent and Council of the East India Company were responsible for settling both civil and criminal cases involving English residents.
  • In 1641, an Indian woman murdered by a native man was found guilty. The English authorities informed the local Naik, confirming the sentence and legal framework.
  • In 1642, a British soldier was murdered by a Portuguese; the Agent and Council hesitated to punish the individual. The Governor, dissatisfied with the handling of the situation, dismissed the Agent and Council member who initially intervened in the case.

The Mayor's Court

• The East India Company granted a charter in December 1687 authorizing the creation of a corporation in Madras, along with the establishment of a Mayor’s Court.
• The Mayor’s Court was a component of the Corporation of Madras and was empowered to perform judicial functions.
• A Corporation of Madras was formed in 1688, comprising a Mayor, 12 Aldermen, and 60 Burgesses. The charter appointed individuals to fill these positions.
• The Aldermen selected the Mayor annually, and the Aldermen held their positions for their lifetime or residency in Madras.
• At least 3 of the 12 Aldermen had to be Englishmen.
• The Mayor and at least two Aldermen were required to be present at the court for proceedings.

Charter of 1661

• King Charles II granted a significant charter in 1661.
• The Charter solidified the existing judicial system of the East India Company's Madras settlement.
• It empowered the East India Company to appoint a Governor and Council within each of its Indian settlements.
• This charter led to the appointment of Foxcroft as the first Governor of Madras.
• English Law was applicable.

Establishment of Bombay

• The King of Portugal gifted Bombay to King Charles II of England as a dowry.
• Bombay was transferred to the East India Company in 1668 in exchange for a nominal rent.

Judicial Reforms of 1670

• Aungier, a prominent figure in the East India Company, implemented significant legal reforms in 1670.
• He reorganized Bombay's legal structure, classifying the law into 6 sections:
• Freedom of Worship and Religious Beliefs.
• Impartial Administration of Justice.
• Establishment of a Court of Judicature to address criminal cases.
• Registration of land and house sale transactions.
• Miscellaneous provisions related to marriage, inheritance, and other matters.
• Laws pertaining to the administration of justice.

Division of Bombay

• Bombay was divided into two divisions:
• Division 1 : Bombay, Mazagaon, Girgaon
• Division 2: Mahim, Parel, Sion, Worli
• Each division had its own Court of Judicature, consisting of five judges.
• Each division was presided over by a Custom Officer.
• Each Court of Judicature employed Indian members to support English judges.
• Jurisdiction of individual courts extended to cases valued up to 200 xeraphins (a Portuguese coin).

1672 Judicial Plan

• A central court known as the Court of Judicature was established.
• It was appointed to preside over civil, criminal, and miscellaneous cases.
• George Willcox was appointed as the court's judge.
• Justices of the Peace were appointed to administer criminal justice.
• Bombay was further divided into four divisions: Bombay, Mahim, Sion, and Mazagaon.
• Justices of the Peace acted as magistrates, arresting individuals, examining witnesses, and preparing records for the Court of Judicature, which convened monthly to address criminal matters.

Court of Conscience

• The Court of Conscience was established to address minor civil disputes involving sums under 20 xeraphins.
• The court convened weekly and its decisions were final, with no provision for appeals.
• No court fees were charged from impoverished individuals.
• The Court of Conscience was also referred to as the "Poor Man's Court."
• George Willcox, the Judge of the Court of Judicature, also presided over the Court Conscience.  

The Court of Admiralty at Bombay

• The Charter of 1683 mandated the establishment of an Admiralty Court at Bombay, which came into existence in 1684.
• John Child, the Governor of Bombay, opposed judicial independence, leading to conflicts with the Chief Justice.
• In 1685, the Governor stripped St. John, the Chief Justice of the Court of Judicature, of his authority.
• Vaux was assigned to preside over the Court of Admiralty.
• Strained relations between the Governor and the Judge resulted in St. John's dismissal from the Court of Admiralty in 1687.
• The East India Company became hesitant to appoint independent judges, fearing conflict with their authority.

Administration of Justice in Calcutta

• In 1690, the English East India Company constructed Fort William near the Hooghly River in Bengal.
• In 1698, Prince Azim-Us-Shan, the Subedar of Bengal ( a grand. He granted zamindari rights to the East India Company over three villages: Calcutta, Sutanati, and Govindpur.
• The East India Company appointed a collector to manage the administration of these villages, as well as the collection of revenue.
• In 1699, Calcutta was elevated to a presidency, and a Governor and Council were appointed.
• A Faujdary Court was established and presided over by an English collector to oversee criminal matters.
• The Governor or Council of Calcutta had to confirm capital punishment sentences.
• Capital punishment was carried out through whipping rather than hanging.
• The Collector was authorized to decide cases based on local customs and traditions.
• In the absence of local customs, decisions were made according to principles of equity and natural justice.
• Appeals were allowed to the Governor and Council in significant cases.
• The collector concurrently held judicial and executive authority.
• The East India Company's Collector in Calcutta became the central figure in the administration of justice.

Charter of 1726

• The Charter of 1726 introduced the establishment of corporations in each presidency of the East India Company.
• The Governor in Council (GIC) was vested with final authority in cases involving sums less than 1000 pagodas, with appeals to the King in Council for amounts exceeding 1000 pagodas.

Justice of the Peace

• The Charter of 1726 established Justices of the Peace in each presidency, with the Governor and five Council members representing this judiciary.
• They were empowered to adjudicate minor criminal offenses.
• This charter marked the transition toward embracing English legal ideas, forms, and procedures within the Indian legal system.

Conflicts

• The judicial system in India during the early colonial period encountered conflict, two notable examples being the Shimpy Case and the Pagoda Oath Case.

Shimpy Case (Bombay)

• A Hindu woman from the Shimpy caste converted to Roman Catholicism. Later, her 12-year-old son abandoned her and chose to live with his Hindu relatives.
• The mother filed a suit against her son's relatives in the Mayor's Court, alleging the unlawful detention of her son and jewelry.
• The Court ruled in favor of the mother, ordering the relatives to return her son.
• When the head of the Shimpy caste appealed to the Governor in Council, the Governor intervened, warning the Mayor's Court against interfering in religious matters.

Pagoda Oath Case (Madras)

• The Mayor's Court at Madras clashed with local inhabitants by demanding a "Pagoda Oath" from Hindu witnesses.
• Hindu witnesses would traditionally swear on the Gita, a sacred Hindu text.
• A Gujarati merchant was fined for refusing to take the Pagoda Oath.
• Governor in Council later remitted the fine.
• In 1736, two Hindus were imprisoned for refusing to take the "Pagoda Oath", sparking public outrage.
• The Governor intervened and released the individuals on parole.
• This incident, along with the Governor's role, escalated existing tensions between the Mayor's Court and the local population.

Calcutta

• In Calcutta, the Mayor's Court was establishes in 1728 under the Charter of 1726.

This quiz covers the establishment and growth of the East India Company in India, starting from its charter in 1600. It also discusses crucial treaties with the Mughal Empire that granted the company significant legal privileges. Test your knowledge of this pivotal moment in Indian history and the company's role in trade and governance.